Strange Days indeed – Romanoff

The Colorado Supreme Court recently issued an opinion that some observers are calling “inconsistent,” “inappropriate,” and even “arrogant.” And those were the justices’ mothers.

Fortunately, help is at hand. The governor has agreed to call a special session of the General Assembly to put Marc Holtzman back on the ballot. While we’re at it, we ought to address some of the Court’s other recent decisions – and make it illegal for Mr. Holtzman to wed anyone of the same sex from another country under the age of 18.

THIS WILL NOT STAND

Before inviting more indignation (some of my readers are easy to outrage and difficult to amuse), let me say this: there are serious issues at stake here. The trouble is, public policy often takes a back seat to election-year politics.
Let’s review:

On Monday, June 12, the Colorado Supreme Court invalidated Initiative 55, a proposed constitutional amendment that would have denied all non-emergency, non-federally mandated state and local services to illegal immigrants. The Court ruled, by a vote of 4 to 2, that the measure contained more than a single subject, in violation of the state constitution.

The next morning, House Minority Leader Mike May asked Gov. Owens to call the legislature back into special session to reverse the Court’s decision – presumably by splitting Initiative 55 into two subjects and returning them to the ballot. The governor indicated that he would do so if the Court did not reverse its decision.

On Monday, June 19, Attorney General John Suthers filed a motion to reconsider. Few expect the Supremes to change their mind.

In the meantime, the Senate president and I prepared to call the legislature back into special session on our own – an unprecedented step that requires signatures from two-thirds of House and Senate members. The call we sent our colleagues last week specifies two goals: to enforce existing prohibitions against the provision of state services to unlawful residents, except as necessary for public health, safety, or children; and to verify the employment eligibility of Colorado workers.

Federal law, we pointed out, already prohibits state and local governments, with certain exceptions, from providing “any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit” to unauthorized “aliens.” (8 USC Sec. 1621) Anyone – immigrant or not – who deliberately collects benefits for which he or she is ineligible is committing fraud.

It’s not clear what other services Initiative 55 would restrict nor how such a constitutional amendment would be implemented. (A reporter asked me whether RTD drivers would require passengers to present proof of citizenship.) Individuals would have standing to sue in order to enforce the law.

In any event, it’s the jobs – not the local library or recreation center – that bring most immigrants here. One of the best ways to reduce the demand for undocumented workers is to target the employers who hire them.

Government can lead by example. That’s why the legislature passed House Bill 1343, which bans employers who knowingly hire undocumented workers from receiving public contracts. Federal law preempts state and local authorities from imposing civil or criminal sanctions on such employers but allows us to use “licensing and similar laws” for the same purpose. (8 USC Sec. 1624)

These efforts must be carefully crafted not only to avoid federal preemption but also to minimize unintended consequences. New laws may prompt some employers to discriminate against citizens and legal residents who look or sound “foreign.”
If at least 44 representatives and 24 senators sign on to our call by the end of the week, we’ll convene a special session on July 10. We’ll continue to work with the governor as well.

PLEASE BE SEATED

I’m hosting a series of town meetings throughout House District 6. If there are more pleasant ways to spend a summer evening, I can’t think of any. (Then again, I don’t have a lot of imagination.)

Please join me for a legislative discussion this Thursday, June 29, from 7 p.m. to 8:30 p.m., at the Kirk of Bonnie Brae Church, 1201 S. Steele St. (at Arizona Ave., halfway between University Blvd. and Colorado Blvd.).

This forum is free and open to all. Refreshments and the public interest will be served.